05/09/2001 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Minutes—May 9, 2001 2 Board of Appeals PUBLIC HEARINGS Brick St. Pierre erre—Requests a Variance from Sections 174-3 q1 and 174-33 of the Zoning By-laws for permission to vary the lot size and front setback requirements and the setback requirements to water and wetlands to allow for construction of a single-family home on properties located in an R-3 zoning district at 261 Monomoscoy Road(Map 120 Block 42/Owner of record: Willis Michaelson, Jr., Trustee),265 and ' 269 Monomoscoy Road(Map 120 Blocks 41 and 40/Owner of record: Jon Paul& Valerie C. Tangen)Mashpee, MA. , I Sitting: Edward M. Govoni, James E. Regan III and Frederick R. Borgeson. Attorney Kevin M. Kirrane represented the Petition and referred to correspondence from 1 the Building Commissioner requiring the Petitioner to request Variance relief from the ZBA. The Building Commissioner agrees with Attorney Kirrane that the subject parcels are shown on a 1913 Plan and predate adoption of Zoning in Mashpee. However,the Building Commissioner indicated that he would not issue a building permit without grant of Variance relief from the ZBA. A number of the lots have been held in common ownership and have been deemed merged for zoning purposes. Mr. and Mrs. St. Pierre attended the meeting. Attorney Kirrane submitted elevation and house plans of the proposed construction. He stated that the hardship exists because of the 40-foot front setback requirement and the 50-foot setback requirement from water and wetlands. The wetlands significantly impact the lot and without relief the subject parcels would be unbuildable. The Board of Health has approved proposed installation of an innovative/alternative system. This system would lessen any potential impact on the sensitive environmental areas. The Conservation Commission has also approved the proposal and has issued an Order of Conditions. Mr. Govoni agreed that the lots predate zoning. Messrs.Nelson and Brem questioned the percentage of lot coverage. Attorney Kirrane said that the By-law in the 1970's did not require the withdrawal of wetland area from the lot size calculation. i II, Mr. and Mrs. Brady, abutters at 256 Monomoscoy Road, said that there was only one plan on file in the Town Clerk's office and that they are at a disadvantage if different or revised plans are submitted at the Public Hearings. Attorney Kirrane said that he submitted elevation plans at tonight's meeting merely for clarification. Mr.Brady said that the plans on file indicated that the only authorized use of the plans is for sewage or septic system proposal and not for use as a site plan. Attorney Kirrane said that the plan was submitted to the Board of Health for approval and that the plan does contain all of the pertinent information that the ZBA needs in order to render a Decision.